Cohen & Ors v Co-operative Group Ltd & Ors [2025] EWHC 526 (Ch) (04 March 2025)

Cohen & Ors v Co-operative Group Ltd & Ors [2025] EWHC 526 (Ch) (04 March 2025)

Permission to adduce expert evidence in business valuation and business restructuring was refused because the issues for which such evidence was sought were not properly pleaded, were not relevant to the current issues in dispute, and the evidence was not reasonably required to resolve the proceedings. The court found that the pleaded case was one of asset sale, not business sale, and that the viability of alternatives could be addressed by factual evidence without the need for expert restructuring evidence.

Citation
[2025] EWHC 526 (Ch)
Parties
Applicant: Malcolm Cohen; Applicant: Shane Crooks; Respondent: Co-operative Group Limited; Respondent: Co-operative Group Food Limited; Respondent: Co-operative Foodstores Limited; Respondent: Rochpion Properties LLP
Jurisdiction
England and Wales
Judgment Date
04 March 2025
Procedural Posture
Insolvency Application / Interlocutory Application for Permission to Adduce Further Expert Evidence
Outcome
Application refused
Legal Topics
Transaction at an Undervalue, Preferences, Expert Evidence, Section 238 Insolvency Act 1986, Section 239 Insolvency Act 1986, Pleading Requirements
Insolvency Company Law Civil Procedure Transaction at an Undervalue Preferences Expert Evidence Section 238 Insolvency Act 1986 Section 239 Insolvency Act 1986 +1 more

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Parties

Malcolm Cohen

Applicant

Shane Crooks

Applicant

Co-operative Group Limited

Respondent

Co-operative Group Food Limited

Respondent

Co-operative Foodstores Limited

Respondent

Rochpion Properties LLP

Respondent

Procedural Posture

Insolvency Application / Interlocutory Application for Permission to Adduce Further Expert Evidence

Legal Issues

  1. 1 Whether permission should be granted to adduce expert evidence in business valuation and business restructuring
  2. 2 Whether the issues for which expert evidence is sought are properly pleaded and relevant to the matters in dispute
  3. 3 Whether expert evidence is reasonably required to resolve the proceedings

Ratio Decidendi

Permission to adduce expert evidence in business valuation and business restructuring was refused because the issues for which such evidence was sought were not properly pleaded, were not relevant to the current issues in dispute, and the evidence was not reasonably required to resolve the proceedings. The court found that the pleaded case was one of asset sale, not business sale, and that the viability of alternatives could be addressed by factual evidence without the need for expert restructuring evidence.

Court Disposition

Application refused

Orders

  • Permission to adduce expert evidence in business valuation refused.
  • Permission to adduce expert evidence in business restructuring refused.